Conservatives Oppose the Nomination of Kalpana Kotagal to the Equal Employment Opportunity Commission

June 28, 2022
Washington, DC

Conservatives are strongly opposed to the nomination of Kalpana Kotagal to the Equal Employment Opportunity Commission (EEOC). The EEOC was created to administer and enforce civil rights laws in the workplace, thereby conferring upon it special importance to remain neutral and even-keeled in its application of civil rights law. Confirmation of Ms. Kotagal would dramatically shift the commission’s ideological balance, empowering an attorney activist with a long history of frivolous litigation, anti-law enforcement inclinations, and prejudice against the reliable energy industry.

At the moment, Ms. Kotagal’s nomination remains mired in the Senate HELP Committee due to her controversial and extreme record, where she has thus far failed to receive a majority of votes from members of the committee. Her nomination should not advance any further. Nevertheless, Senate Majority Leader Schumer can force a procedural vote to call her nomination up before the full Senate and bypass the committee process. If confirmed on the floor, Ms. Kotagal will be positioned to weaponize the Biden Administration’s radical progressive agenda against a vast swath of American employers.

The structure of the EEOC provides the commission with broad latitude to wield the power of the Executive Branch as a potential cudgel against businesses and specific industries that fall out of favor with those in power. Kalpana Kotagal’s far-left proclivities underscore the dangers inherent in her confirmation to the EEOC:

  • Ms. Kotagal would pass aggressive policy guidance on transgender and gender identity-related issues, deputizing American businesses to wage the Left’s culture war.
  • Ms. Kotagal would rescind or undermine Trump-era religious discrimination policy guidance, further marginalizing and pushing people of faith out of public life.
  • Ms. Kotagal would undermine workplace arbitration, pushing to erode the use of alternative dispute resolutions that protect American workers.
  • Ms. Kotagal would weaponize litigation, targeting sectors of the business community unaligned with the progressive agenda with frivolous and costly lawsuits (Ms. Kotagal’s frivolous class action pay discrimination lawsuit against Walmart, which was unanimously dismissed by the Supreme Court, serves as a stark warning).
  • Ms. Kotagal would promote an onerous green agenda that attacks reliable energy extraction, targeting the coal and oil/gas industries in pursuit of a far-Left climate dogma amid record-high gas prices and inflation.
  • Ms. Kotagal would champion the “defund the police” movement, supporting those who malign law enforcement as a tool of white supremacy and who call for the abolition of the police while Americans suffer from record increases in violent crime.

Hardworking Americans and their families are suffering from crippling inflation, skyrocketing energy costs, rampant crime, and captured institutions weaponized to advance a progressive crusade against longstanding societal virtues and norms. The EEOC should remain free from someone of her extreme ideological tilt. As conservatives, we stand united with the interests of the American people and are opposed to the nomination of Ms. Kotagal and the implementation of her radical agenda. The Senate should reject her nomination.


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